Wind Energy Siting Handbook:

Guideline Options
for
Kansas Cities and Counties

KANSAS ENERGY COUNCIL

April, 2005
Special Report 2005-1
 Wind Energy Siting Handbook:
Guideline Options for Kansas Cities and Counties

Wind energy in Kansas is potentially a strong and viable resource. Ranked first in the
nation for wind energy potential in a 2003 study by the U.S. Public Interest Research
Group, Kansas could make a major contribution to meeting the electricity needs of the
entire country. However, this potential is largely undeveloped.

The growing interest in wind energy is multi-fold. Continuing advances in technology

are making electricity from wind energy increasingly economically competitive with
traditional power generation. Recent price increases and volatility of fossil fuels also
make wind energy more attractive because of long term commitment on the price of
electricity generated. A third factor is that wind power does not produce atmospheric
pollutants or emissions of greenhouse gases.

Purpose
This handbook is a compilation of wind energy siting guidelines developed in four
Kansas counties, following extensive research, public discussion and debate.

This handbook offers voluntary guideline options for Kansas cities and counties to
consider in response to possible wind energy development in their areas. Power
generation from wind is a new type of development in Kansas. In order for wind energy
development to proceed in a manner that is carefully planned, inclusive, and expeditious,
it is necessary to anticipate potential impacts and engage in a process that addresses
various components and issues.

How to Use This Handbook

This handbook is arranged in three sections:

• Section I: General Project Guidelines/Standards

• Section II: Siting and Performance Guidelines Adopted or Under Consideration
in Four Kansas Counties
• Section III: Application Templates
The first section outlines general issues most often associated with wind energy
development projects gathered from state and national sources. The second section is
arranged in table form, highlighting the language each of four Kansas counties used in
addressing these various issues. Finally, the third section is a table highlighting the
components required in applications for wind energy projects in each of the four Kansas
counties.

Planners are encouraged to review the ways in which these four counties—Butler, Geary,
Riley, and Wabaunsee—developed wind energy regulations for consideration in the
development of their own regulations if they so desire. The use of any of the guideline
options contained in this handbook is completely voluntary.

Land Use in Kansas

The authority to regulate land use in Kansas is under the purview of local governments
through the state’s planning and zoning statutes (K.S.A. 12-741 et seq.). The statutes
outline how land-use regulations are to be accomplished at the local level, and the state
generally does not engage in their enactment, administration, or enforcement. Cities and
counties in Kansas vary with regard to the exercise of this power—for example,
numerous counties have chosen not to adopt zoning or subdivision regulations.

Because the state is characterized by a mix of zoned and unzoned counties, it is necessary
for wind energy siting guideline options to be broad-based and flexible while being
sufficiently detailed to be of use to those units of local government that choose to utilize
them in the development of wind projects. This handbook contains examples of actual
wind energy siting rules and policies already adopted or under consideration in four
Kansas counties in an effort to demonstrate a variety of approaches and options for
implementation.

Unzoned Counties

Unzoned counties have a number of options for approaching wind energy project
development. They can (1) accept the status quo, (2) adopt zoning, (3) utilize another
type of regulation, such as licensing, or (4) adopt a moratorium on wind energy
development.

1. Status Quo. Unzoned counties may simply choose not to regulate the siting of
wind energy development, which delegates the ultimate decision on the siting of
such development with the developers and landowners, either individually or
collectively.

2. Adopt Zoning. Unzoned counties may decide to utilize their statutory authority to
adopt zoning regulations, which could then be used to regulate wind energy
development. If a county chose this option, they could adopt zoning regulations
for the entire county or a portion of the county, or they could cooperate with a city
 to zone a portion around a city. If they chose to adopt zoning regulations, they
would have to:
• follow the process specified in K.S.A. 12-741 et seq.,
• create and appoint a planning commission, and
• prepare and adopt zoning regulations in accordance with the public
hearing process.

As part of the process of adopting zoning, counties are encouraged to:

• prepare and adopt a comprehensive plan, and
• prepare and adopt subdivision regulations in accordance with the public
hearing process.

Zoning and subdivision regulations must be enforced to be effective. Counties

are advised not to pursue these regulations unless they are prepared
administratively and financially to enforce them using local staff and/or the local
court system.

3. Other Regulations. Unzoned counties may be able to utilize a licensing

requirement or some other special legislation to control or regulate certain aspects
of a wind energy development. Check with local counsel to determine whether or
not these alternatives are available and/or advisable. For local government units
that do not have the necessary staff support or infrastructure to adequately
implement wind energy siting procedures, fees can be charged to developers to
cover the costs of reviewing wind energy proposals. These fees can be used to
pay for consultants, temporary staff, or contracts with other jurisdictions for use
of local government staff to provide the expertise and resources to review
applications and process them through the system.

4. Moratorium. Cautionary note: Under no circumstances can it be assumed this

would be legally binding upon actions of the property owner. It is merely
advisory, at best. Unzoned counties may adopt a moratorium on wind energy
development to allow sufficient time to study alternatives and to determine
whether or not regulation of wind energy development is necessary or desired. If
a county decides to adopt a moratorium, it should be for a specified and limited
amount of time (e.g., six months or one year) and should state the reasons for the
action (e.g., to study the issues and determine options or to adopt zoning
regulations).

Zoned Counties

Counties that already have some form of zoning may either use existing zoning
regulations to guide wind energy development or adopt regulations that are specific to
such development. Zoned counties should first review their current zoning regulations to
determine how wind energy developments are addressed. If they are not specifically
mentioned in the regulations or if they are listed as a permitted use without any public
review process, the county may want to consider developing special regulations to
regulate wind energy developments.

Wind Energy Leases

The Kansas Energy Council adopted a sample wind energy leasing agreement between
landowners and wind developers, to help ensure that landowners make informed
decisions in dealing with this new land use. Counties can consider requiring that
landowners in any wind energy development be given copies of the sample lease
agreement as a condition of the project application.

Acknowledgements

This report was prepared by The Lehman Group under contract with the Kansas Energy
Council. We gratefully acknowledge the assistance of the following individuals in the
development of this handbook: Monty Wedel, Riley County Planning Director; Claude
Blevins, Wabaunsee County Zoning Director; Randall Allen, Executive Director, Kansas
Association of Counties; and Judy Moler, Legislative Services Director/General Counsel,
Kansas Association of Counties. We also appreciate the assistance of staff in each of the
four counties highlighted in this handbook in supplying us with copies of pertinent
zoning regulations.

References

Kansas Energy Council’s Wind and Prairie Task Force Report, Appendix 5 – Wind and
Prairie Task Force Siting Guidelines/Standards Related to Wind Development in
Kansas and the Flint Hills, adopted June 7, 2004
Kansas Renewable Energy Working Group, Siting Guidelines for Windpower Projects in
Kansas, dated January 22, 2003
National Wind Coordinating Council, Permitting of Wind Energy Facilities, A Handbook,
revised in 2002
Butler County Zoning Regulations, Article 7, Section 18
Geary County Zoning Regulations, proposed amendments to Article 11, Sections 801-
808, and Article 13, Part 2, Section 13-201.
Riley County Resolution No. 111804-65, amending Section 23 of the Zoning Regulations
of Riley County
Wabaunsee County Zoning Regulations, proposed amendments to Sections 1-104, 24-
103, 25-102, 31-105, and 31-109
I. GENERAL PROJECT GUIDELINES/STANDARDS

The following checklist of general issues and concerns is intended to serve as a guide to
identify the topics and issues for developing regulations for wind energy development.
This list is drawn from regulations prepared or adopted by Kansas counties, and siting
guidelines developed by local and national organizations (Kansas Energy Council,
Kansas Renewable Energy Working Group, and the National Wind Coordinating
Council). Specific examples and the range of options adopted by Kansas counties are
presented in Section II of this report.

1. Definitions. At the very least, wind energy regulations need to define the
difference between commercial and non-commercial projects. A definition of
total height and how it is measured should also be included.

2. Project Guidelines/Standards. Counties should consider developing guidelines or

standards in the following categories:

• Land Use
o Appropriate agencies, property owners, and other stakeholders should
be contacted early in the process to identify potentially sensitive land
uses and issues.
o When reviewing proposed wind developments, be sensitive to their
impacts on rare and disappearing ecosystems such as intact tallgrass,
shortgrass or mixed grass prairies. When feasible, wind energy
development should be located on already altered landscapes, such as
extensively cultivated land and/or areas already disturbed. An
undeveloped buffer adjacent to intact landscapes is also desirable.
o Encourage or require efficient use of the land, through the
consolidation of necessary infrastructure requirements wherever
possible.

• Noise Management
o Consider whether there are adequate setbacks from residential areas
and rural homes, especially where the residential unit is in a relatively
less windy or quieter location than the turbines; recognize that
residents who support the wind system may some day be replaced by
others who will object to the noise.
o
• Natural and Biological Resources
o Consider the biological setting during zoning or approval process.
Encourage the use of biological and environmental experts to conduct
preliminary reconnaissance of the prospective site area. Such experts
could be with a wildlife agency or university personnel.
 o When necessary, require that the appropriate resource management
agencies be contacted early in the planning process to determine if
there are any resources of special concern in the area under
consideration.
o A key tool for avoiding unnecessary negative ecological impacts of
wind power development is planning. Encourage the involvement of
local officials early in the process.
o Require careful review if legally protected wildlife, such as threatened
and endangered species, are present or potentially present at a wind
development site. Recognize that other seriously declining or
vulnerable species that have no legal protection may also be present.
Requiring that wildlife issues be researched at each site will help the
understanding of how a wind energy project might impact individual
species of concern.
o Sites where native vegetation is scarce or absent will have
substantially fewer biological resource concerns. Where possible,
discourage development in large, intact areas of native vegetation.
o Power lines should be buried when feasible. In regions where
grassland burning is practiced, infrastructure should be able to
withstand periodic burning of vegetation. Roads and fences should be
minimized.
o No perches should be allowed on the nacelles (the enclosure located at
the top of a wind turbine tower that houses the gearbox, generator, and
other equipment); towers should not utilize lattice-type construction or
other designs that provide perches for avian predators. Potential
adverse effects of turbine warning lights on migrating birds should be
addressed.
o Turbines should be situated in a way that does not interfere with
important wildlife or livestock movement corridors and staging areas.
o When it is impossible to avoid significant ecological damage in the
siting of a wind power facility, mitigation for habitat loss should be
considered. Appropriate actions may include ecological restoration,
long-term management agreements, and conservation easements to
enhance or protect sites with similar or higher ecological quality to
that of the developed site.
o Consider potential cumulative regional impacts from multiple wind
energy projects when making environmental assessments and
mitigation decisions. Failure to consider multiple projects will prevent
analysis at a scale that could potentially yield a much different picture.

• Visual Impact
o The visual impact of windpower projects is an important consideration
in siting deliberations. The impact on the quality of the surrounding
landscape and viewsheds, especially in areas with high aesthetic
qualities and where neighbors’ property may be impacted by the siting
should be evaluated fully. Accurate visual representations of potential
 projects (including visual simulations and viewshed analyses) are
useful ways to give the public a sense of a projects visual impact.
o Encourage project designs to minimize visual exposure from visually
sensitive areas.
o Projects should minimize the need for developed roads or cut-and-fill.
o When possible, encourage the use of road-less project designs or
designs that rely on existing roads.
o Consider the impact of projects on scenic byways and popular vistas.
o Consider establishing requirements pertaining to tower color and tower
layout uniformity; maximum height requirements; blade glint; buffer
zones; ridge line versus lower land areas; and lighting requirements on
towers.

• Soil Erosion and Water Quality

o Wherever possible, sites that require construction activities on steep
slopes should be avoided.
o In considering the appropriate erosion control measures required for a
specific use, be aware that although some measures may require
greater expense initially, significant savings will occur over the life of
the project in reduced maintenance and replacement costs. A well-
developed erosion and sediment control plan may also reduce
regulatory delays in approving and monitoring the project.
o Ideally, construction and maintenance should be done when the ground
is frozen or when soils are dry and the native vegetation is dormant.
o Improved roads and construction staging areas should be kept to a
minimum, and care should be given to avoid sensitive habitats.
o Ongoing operation and maintenance activities should be carried out as
practical by use of light conveyances to minimize habitat disturbance
and the need for improved roads.
o Native vegetation of local ecotypes should be used when reseeding
disturbed areas. Wildlife and plant composition should be considered
in determining the frequency and timing of mowing near turbines.

• Safety
o Include the need for safety setbacks when evaluating specific parcels
for development. Sufficient spacing from public access ways, and
particularly from residential areas and structures, can mitigate many
siting issues.
o Consider safe access to the site by roads.
o Account for ice throw (ice build-up that is thrown by the spinning
blades).

• Cultural, Archeological and Paleontological

o Encourage developers to consult with the Kansas State Historical
Society and qualified professional specialists familiar with cultural and
fossil resources in the project development area.
 o Some sensitive resources and sites may be confidential to Native
Americans. Respect this confidentiality and plan to work closely with
tribal representatives to avoid disruption of these resources.
o Project site layouts should be designed to avoid sensitive resources.
o Consider monitoring and mitigation for protection of sensitive
resources during construction and operation of the project.
o Encourage adequate time in the project schedule for data and specimen
recovery, mapping analysis, and reporting.

• Socioeconomic, Public Service, and Infrastructure

o Assess if and how a project will affect community services, costs, and
infrastructure.
o If possible, plan the project’s operation and construction to avoid or
minimize potential impacts on community services and infrastructure.
o Ask for information related to possible future project expansions.
Note that developers may not have precise information about future
expansions, and that expanded projects may involve impacts not
specifically addressed during the initial project.
o Anticipate and require provisions for future site decommissioning and
restoration.

• Public Interaction
o Encourage a public outreach program on the benefits and trade-offs
involved in wind generation.
o Ask for objective background resources that will allow your entity to
make fully informed decisions. Decision making will be enhanced
when accurate and comprehensive information is shared and ample
opportunity for two-way communication is available. Public
involvement through meetings and public forums should be
incorporated into the siting process.

3. Application Process and Procedures. The regulations should outline the

application and hearing process and should specify, in some detail, the type of
information that should be requested as part of the application for a wind energy
development. If it doesn’t already exist, the county should consider a zoning
process that enables the elected officials to make the final decision. Specific
types of information that counties may want to consider requiring in an
application include the following:

• Site plan with sufficient detail to understand the nature and scope of the
proposed project and the attributes of the specific location.

• Visual impact assessment that will provide a simulation of how the

project will look from various vantage points.

• Environmental assessment to include

 o wildlife and wildlife habitat;
o noise impacts;
o soil erosion and dust;
o safety issues;
o water quality and quantity;
o historic, cultural, and archeological impacts;
o fire risks (e.g., grassland fires at site); and
o other impacts of local importance.

• Economic assessment to include

o tax revenues and public infrastructure enhancements required;
o business and job generation;
o impact on tourism; and
o other areas of local importance.

• Decommissioning and reclamation plan to include

o when and under what circumstances decommissioning and reclamation
occurs;
o the expected end of the project life; and
o how the decommissioning and reclamation plan is secured (e.g.,
bonds, contract).
II. SITING AND PERFORMANCE GUIDELINES ADOPTED OR
UNDER CONSIDERATION IN FOUR KANSAS COUNTIES
Following are actual siting and performance guidelines or standards adopted or under
consideration in four Kansas counties:

• Butler County – Article 7, Section 18 of the Butler County Zoning

Regulations (adopted 2003) Butler County Planning Director, (316) 322-
4325

• Geary County – Article 11, Part 8, and Article 13, Part 2, of the Geary
County Zoning Regulations (under consideration) Geary County
Metropolitan Planning Commission, (785) 238-3103, ext 138

• Riley County – Resolution No. 111804-65 amending Section 23 of the Riley

County Zoning Regulations (adopted November 18, 2004) Riley County
Planning Director, (785) 537-6332

• Wabaunsee County – proposed amendments to Wabaunsee County Zoning

Regulations developed at request of Wabaunsee County Planning
Commission. (Proposed amendments were rejected by Wabaunsee County
Commission in June 2004; language was instead added to Article 31-112,
Supplementary Use Regulations, Prohibited Uses, stating that no application
for a commercial wind energy conversion system shall be considered. This
action currently is under challenge.) Contact: Wabaunsee County Zoning
Director, (785) 765-3432

Additional assistance is available from the Kansas Association of Counties, 300 SW

Eighth, Third Floor, Topeka, Kansas 66603; phone (785) 272-2585.

Land Use
Butler • Applicant shall identify potential effects in terms of constraints or
benefits the Commercial Wind Energy Project (CWEP) may place
on the current or future use of the land within the project site and
the surrounding area. The extent of any limitations due to public
health and safety risks shall be specifically addressed, and the
effects on the following activities shall also be addressed: (a)
existing or proposed tourist or recreation activities; (b) residential
activities; (c) industrial activities; (d) agricultural activities; (e)
local and regional tourism; and (f) commercial activities.

Geary • In considering a request for a special use authorization and

permit, the Metropolitan Planning Commission (MPC) shall
balance the public interests to be served by the construction or
expansion of the special use as opposed to the impact upon
interests intended to be protected by the Geary County Zoning
Regulations. In balancing such interests, the MPC shall consider
the following factors:
 balance the public interests to be served by the construction or
expansion of the special use as opposed to the impact upon
interests intended to be protected by the Geary County Zoning
Regulations. In balancing such interests, the MPC shall consider
the following factors:
a. extent of the public interest to be served by the special use;
b. effect that regulation of the special use or expansion, either
by the imposition of requirements necessary to mitigate
impacts or by a complete denial of the request, will have
upon the county as a whole and upon the applicant or
owners to continue with project;
c. impact that construction or expansion of the special use will
have upon legitimate interests of that portion of the
community in which it is proposed to be located;
d. conformance of the special use with the Comprehensive
Plan;
e. contingency plans in the event the special use is abandoned;
and
f. such other factors as the MPC deems appropriate and
relevant.
Riley • In considering a request for a special use authorization and
permit, the Planning Board shall consider the public and private
interests affected by the construction or expansion of the special
use. In weighing such interests, the Planning Board shall
consider the following factors:
a. nature and extent of the public interest to be served by the
special use;
b. economic impact/benefit on the landowner and/or
surrounding property owners;
c. effect that regulation of the special use or expansion, either
by the imposition of requirements necessary to mitigate
impacts or by a complete denial of the request, will have
upon the county as a whole and upon the applicant or
owners to continue with project;
g. impact that construction or expansion of the special use will
have upon the public health, safety, and general welfare of
the community;
h. conformance of the special use with the guidelines/standards
specified for each unique special use;
i. conformance of the special use with the Comprehensive
Plan;
j. adequacy of applicant’s contingency plans in the event the
special use is constructed and later abandoned;
k. impact on the economic interests of the landowner of any
modifications to or denial of the proposed special use; and
l. such other factors as the MPC deems appropriate and
relevant.
 relevant.
Wabaunsee

Noise Management
Butler • The commercial wind energy project shall comply with current
noise standards of Butler County at all times in all appropriate
locations. Turbines shall be moved, modified, or removed (and
decommissioned) from service if necessary to comply with this
condition.
Geary • Commercial wind energy conversion systems should be located in
areas where there are adequate setbacks from residential areas and
rural homes so that noise from the turbines is not an intrusion.

• The noise level measured at the property line of the project

property shall not exceed 55 decibels at any time (“A” or “C”
weighted). At the nearest existing residence or residence where a
permit has been issued prior to the time an application has been
filed pursuant to these regulations, the following shall be the
standard: 26dB – IEC 61-4400 or actual measured at nearest
residence – noise baseline + 10. Residences inside the project
boundary/property line and part of the applicant group are exempt
from these requirements.
Riley • The noise level caused by the operation of the project, measured
at five feet above ground level at the property line coincident with
or outside the project boundary, shall not exceed 65 decibels (A-
weighted) and shall not exceed 50 decibels (C-weighted) if it is
determined that a pure tone noise is generated by the project.

• Upon receipt by the Riley County Planning & Development

Department of a complaint regarding noise from an existing
commercial wind energy conversion system (commercial wind
energy conversion systems) project, which the department
determines to be reasonable, the project owner shall be required,
at the owner’s expense, to have prepared, by an independent
acoustical consultant, approved by the Planning & Development
Department, an acoustical study that shall demonstrate
compliance with the above noise standard on the basis of
equivalent sound pressure levels. “Equivalent sound pressure
levels” means the steady sound level that, over 10-minute
measurement periods, would produce the same energy
equivalence as the fluctuating sound level actually occurring.

• Low Frequency Noise Criteria. Commercial wind energy

conversion systems that are not designed in “accordance with
proven good engineering practices” shall be prohibited.
commercial wind energy conversion systems designed with the
following characteristics shall be deemed in “accordance with
proven good engineering practices”:
 conversion systems that are not designed in “accordance with
proven good engineering practices” shall be prohibited.
commercial wind energy conversion systems designed with the
following characteristics shall be deemed in “accordance with
proven good engineering practices”:
a. at least 3 blades;
b. upwind rotor;
c. no furling, where “furling” means that the wind turbine is
designed to limit its power output in high winds by
changing the rotor’s plane of rotation to a plane that is not
perpendicular to the prevailing wind direction;
d. tapered and twisted blades; and
e. a well-designed braking system.
Wabaunsee • A noise report shall be prepared that identifies current decibel
levels surrounding the project site and the decibel levels and
source noise if development occurs. Any proposed increase in
noise levels on residential properties within _-mile of the project
shall be indicated and mitigation plans identified.

Natural and Biological Resources

Butler • Applicant shall provide information regarding flora (vegetation
species, officially listed threatened species, critical habitat, and
habitat conditions for such species).

• Applicant shall provide information regarding fauna (species,

habitat assessment, officially listed threatened species, migratory
species, critical habitat, and habitat conditions for such species).

• Applicant shall address geo-conservation, including sites of

geoconservation significance listed on the state/national database
(all of Butler County is located in the Flint Hills).

Geary • Commercial wind energy conversion systems should not be

located in areas that have a large potential for biological and/or
environmental conflicts.

• Commercial wind energy conversion systems should not be

located where there are large intact areas of native vegetation as
determined on the 2004 Kansas Energy Council Map by the
Kansas Geological Survey and the Kansas Biological Survey.

• Commercial wind energy conversion systems should not be

situated in a way that interferes with important wildlife movement
corridors and staging areas.
 • No perches are permitted on the nacelles of turbines. Commercial
wind energy conversion systems towers shall not use lattice-type
construction or other designs that provide perches for avian
predators.

• Improved roads and construction staging areas should be kept to a

minimum, and sensitive habitats should be avoided.
Riley • In areas where grassland burning is practiced, appropriate
“buffer” areas shall be used to enable infrastructure to withstand
periodic burning of vegetation.

• No perches are permitted on the nacelles of turbines. Commercial

wind energy conversion systems towers shall not use lattice-type
construction or other designs that provide perches for avian
predators.
Wabaunsee • Applicant will provide an environmental assessment of the
potential adverse impacts from the proposed development and
measures to be taken to mitigate such impacts. The Assessment
and Mitigation Plan must include information about impact to the
following:
a. wildlife and wildlife habitat both on the site and in a
biologically significant area surrounding the site;
b. any endangered or threatened species on the site and in a
biologically significant area surrounding the site;
c. avian population, including migratory birds; and
d. flora on the site and in a biologically significant area
surrounding the site.

Visual Impact
Butler • There shall be no lights on the towers other than those required by
the Federal Aviation Administration (FAA). This restriction shall
not apply to infrared heating devices used to protect the wind
monitoring equipment.

• Structures for wind turbines shall be self-supporting tubular

towers painted a neutral color such as a white or pale gray. No
lattice structure shall be used. No logos or advertisements are
allowed on these structures. Each turbine shall be marked with a
visible identification number located no higher than 15 feet above
ground level.

• Applicant shall take reasonable measures such as planting trees,

installing awnings, etc., to mitigate specific adverse visual
impacts such as reflections, shadow flicker, and blade glint
affecting residences within or immediately adjacent to the project
area.
 impacts such as reflections, shadow flicker, and blade glint
affecting residences within or immediately adjacent to the project
area.
Geary • Commercial wind energy conversion systems should avoid sites
that are readily visible from state-designated scenic byways or
popular vistas.

• Individual wind turbine heights, lighting, and markings shall

comply with but not exceed FAA requirements. Installation shall
use non-reflective, neutral-color finishes. If lighting of turbines
or other structures is required, “daytime white-nighttime red”
shall be the only type of lighting allowed with shielding from the
ground and area residences.

• The total height of any single turbine shall not exceed 400 feet.

Riley Guidelines

• Commercial wind energy conversion systems should avoid sites

that are readily visible from government-designated scenic
byways or government-designated scenic overlooks.

• To avoid clutter, the visual effects of ancillary structures, roads,

and fences on the site should be minimized.

• A commercial wind energy conversion systems project should

maintain visual unity among clusters of turbines.

• To promote visual uniformity, the rotors, nacelles, and towers of

all turbines in an array should appear similar.

• To avoid objectionable density, there should be adequate spacing

between turbines.

• To avoid visual clutter, intra-project power lines having a voltage

of 34,500 volts or less, should be buried unless the applicant can
sufficiently demonstrate that burying the lines will violate other
guidelines/standards, violate applicable law, render the project
economically infeasible or be hidden from public view.

• To avoid cluttering the skyline, transformers and other electric

equipment should be hidden from view or otherwise constructed
in harmony with the surrounding landscape.

Standards
• To provide visual order to a commercial wind energy conversion
systems project, all individual turbines shall have the same
number of rotor blades and all rotor blades shall spin in the same
direction (i.e., clockwise or counter-clockwise) in relation to the
wind.

• To promote visual uniformity, all turbines at a similar ground

elevation shall have the same height from blade tip to the ground.

• Distinct groupings or clusters of machines shall be limited to no

more than 12 machines per cluster. A cluster shall be defined as a
grouping of machines that are greater than 1320 feet (1/4 mile)
from another grouping.

• In light wind conditions, turbine rotor blades shall not be kept in a

locked position except as necessary to meet operational or
maintenance requirements.

• Except during construction, re-construction, or removal, outdoor

storage is not permitted within the project boundary except at
locations that are screened from view.

• If turbines become inoperable for any reason, they shall be

repaired as soon as reasonably possible in accordance with the
reclamation standards outlined under “Decommissioning and
Reclamation” below.

• To avoid cluttering the skyline, inverters and pendant power

cables shall be located inside the wind turbine tower, nacelle, or
structure.

• No telecommunications dishes, antennas, cellular telephone

repeaters, or other similar devices shall be attached to wind
turbine towers.

• Aircraft obstruction markings of the turbines by use of alternating

red and white bands shall be prohibited.

• No billboards, logos, and advertising signs of any kind shall be

located on the turbines.

• The maximum height of the turbines shall be 355 feet. Greater

height, but not in excess of 400 feet, may be considered on a case-
by-case basis if the applicant can sufficiently demonstrate that the
increased height will result in increased energy efficiencies,
thereby reducing the overall number of turbines in the project.
However, in all cases, due consideration shall be given to the
scale of the turbines in relation to the surrounding landscape.
 thereby reducing the overall number of turbines in the project.
However, in all cases, due consideration shall be given to the
scale of the turbines in relation to the surrounding landscape.
Wabaunsee • All towers and blades shall be painted in an off-white color,
except for limited markings for names of manufacturers or logos
or similar identifying markings of the owners of the system. No
advertising signs of any kind shall be located on the system.

• The layout of the system shall be such to eliminate shadow flicker

and blade glint from impacting on public roads and mitigate any
such impacts on residential structures within the vicinity of the
system.

• All lighting necessary to comply with the FAA lighting

requirements shall be installed on the minimum numbers of
structures to comply with the requirements and shall consist of
dual lighting structures with daytime strobe lights on medium
intensity and nighttime red lights only. No high-intensity strobes
or nighttime strobes shall be permitted.

• The lowest point of the rotor blades shall be at least 50 feet above
ground level at the base of the tower.

• No system may be located within 300 feet of another system or a

commercial wind energy conversion system.

• No system shall be located on a parcel of less than 20 contiguous

acres, and no more than one system shall be located on each 20
acres of a parcel.

Soil Erosion and Water Quality

Butler • Applicant shall develop a Soil Erosion, Sediment Control, and
Storm Water Runoff Plan. Plan shall address what types of
erosion control measures will be used during each phase of the
project. It shall identify plans for:
a. grading;
b. construction and drainage of access roads and turbine pads;
c. necessary soil information;
d. design features to maintain downstream water quality;
e. re-vegetation to ensure slope stability;
f. restoring the site after temporary project activities;
g. disposal or storage of excavated materials;
h. protecting exposed soil;
i. stabilizing restored material and removal of silt fences or
barriers when the areas is stabilized; and
 barriers when the areas is stabilized; and
j. maintenance of erosion controls throughout the life of the
project.

• Applicant shall provide information pertaining to flood zones.

• Surface Water – Applicants shall identify effects of the

commercial wind energy project (especially during construction)
and methods to be used to mitigate these effects, if any.

• Groundwater – Applicant must demonstrate that the commercial

wind energy project is consistent with the objectives and
requirements of all relevant water management policies of the
county, including (a) protection of the quality and quantity of the
areas groundwater resources; and (b) maintenance of existing
groundwater quality.

• Applicant shall submit a plan to control dust on turbine access

roads, especially during construction.

• Applicant shall also address the direct and indirect effects of the
commercial wind energy project on greenhouse gasses and ozone-
depleting substances over the life span of the project.
Geary • Wherever possible, commercial wind energy conversion systems
should avoid sites that require construction activities on steep
slopes.

• Construction, maintenance, and reclamation shall be done when

the ground is frozen or when soils are dry and the native
vegetation is dormant, keeping in mind erosion control.
Disturbed areas shall be reclaimed using a grass/forb seeding mix
meeting the standards established for the location by the Geary
County Office of the Natural Resource Conservation Office.
Riley • Construction and maintenance shall be done in strict accordance
with the erosion and sediment control plan submitted with the
building permit so as to minimize soil erosion and damage to
native vegetation. If native vegetation is damaged during
construction, it shall be restored after construction is complete in
areas not occupied by the commercial wind energy conversion
systems and related facilities and roads.

Wabaunsee • Applicant shall provide information pertaining to flood zones.

• Surface Water – Water quality standards utilized for construction

sites in Kansas under the requirements of the Clean Water Act
shall be in effect during all construction, operation, and
maintenance of all facilities in the project, including using
appropriate methods to be used to mitigate impacts.
 maintenance of all facilities in the project, including using
appropriate methods to be used to mitigate impacts.

• Groundwater – It must be demonstrated that the project is

consistent with the objectives and requirements of all relevant
water management policies of the county and state. The
following issues shall be addressed by a hydrologist licensed by
the State of Kansas:
a. protection of the quality and quantity of the area’s
groundwater resources;
b. maintenance of groundwater quality; and
c. preparation of a hydrology survey of the property within the
project.

• Construction, operation, and decommissioning shall be done in a

manner so as to minimize soil erosion. Facilities should avoid
steep or erodible slopes, and the number and width of roadways
and construction staging areas should be kept to a minimum.

• Dust emission control measures shall be utilized during

construction phase and from all access roads that impact all non-
agricultural uses, including farm residences, during the life of the
project.

Safety
Butler • Applicant shall identify the potential fire risk associated with the
project, including both prescribed burning and non-prescribed
burning (natural or accidental). This shall include a fire within
the site, escape from the site, and the effects of fire originating
from outside the site. Also address high angle rescue.

• It is important to be aware of the fact that prescribed burning, or

range burning, is a common practice in this area. Mitigation
plans are to show how the towers and equipment are protected
from fire within the site and from fire originating from outside the
site. Prescribed burning is defined as the controlled application of
fire to naturally occurring or naturalized vegetative fuels under
specified environmental (weather) conditions in accordance with
a written prescription that (a) is designed to confine the fire to a
predetermined area and to accomplish planned land management
objectives; and (b) conforms to the standards established by the
Kansas State University Research and Extension Office-Butler
County.
 • Lowest point of the rotor blades shall be at least 100 feet above
ground level at the base of the tower.

• No turbines shall be located closer than 500 feet or the total

height of the turbine plus 50 feet, whichever is greater, from
public roads.

• No turbines shall be located closer than 500 feet or the total

height of the turbine plus 50 feet, whichever is greater, from
property lines of any property not included in the Conditional Use
Permit.

• No turbine shall be located closer than 1000 feet from a

residential structure. Turbines shall be located no closer than the
total height of the turbine plus 50 feet from a common
agricultural/residential accessory structure.

• If lubricants and/or hazardous materials need to be located on the

premises in connection with the commercial wind energy project,
said materials shall be kept and transported in accordance with all
state and federal regulations.

• An owner, lessee, or occupant of agricultural land is not liable for

property damage caused by or resulting from prescribed burning
conducted on the land owned by, leased by or occupied by the
person if the prescribed burning is conducted under the
procedures established by the Kansas State University Research
and Extension Office-Butler County.
Geary • In areas where grassland burning is practiced, infrastructure
should be able to withstand periodic burning of vegetation.

• Individual wind turbines shall be set back from all property lines
a distance equal to at least two times the turbine height.

• Individual wind turbines shall be set back from residential

structures a minimum of 1500 feet.

• Individual wind turbine heights, lighting, and markings shall

comply with but not exceed FAA requirements. Installation shall
use non-reflective, neutral-color finishes. If lighting of turbines
or other structures is required, “daytime white-nighttime red”
shall be the only type of lighting allowed with shielding from the
ground and area residences.
Riley • Individual wind turbines shall be set back from all property lines
coincident with or outside of the project boundary a distance
equal to one and one-half times the turbine height.
 • Individual wind turbines shall be set back from all public roads a
distance equal to at least one and one-half times the turbine
height.

• Individual wind turbine heights and markings shall comply with

Federal Aviation Administration (FAA) regulations. If lighting of
turbines, or other structures, is required, “daytime white-nighttime
red” shall be the only type of lighting allowed unless prohibited
by law. All turbines and towers shall be a shade of white in color.
Wabaunsee • Every system shall meet the following minimum setbacks:
a. a setback from the nearest property line a distance equal to
twice the height of the system, including the rotor blades;
and
b. a setback from the nearest public road right-of-way a
distance equal to the height of the system, including the
rotor blades, plus an additional 50 feet.

• The lowest point of the rotor blades shall be at least 100 feet
above ground level at the base of the tower.

• All tower structures shall be located such that the maximum

potential distance of ice throw from any individual structure shall
be on the land owned by the leasor on which the structure is
located. Specific documentation shall be provided to quantify the
basis of the distance assumed and shall be included with the
application materials. Ice throw shall not be allowed onto public
roads or adjoining property.

• Specific measures shall be documented to assure that risks from

fire caused by any individual structure be minimized. These
include redundant mechanical equipment to shut down any rotor
suffering from high heat from internal failure and safety plans to
be utilized during construction and maintenance. In addition,
mitigation plans are to show how the towers and equipment are
protected from fire originating from outside the site, especially in
the event of a fire originating from a controlled burn or other
source that might encroach into the project area.

• No significant quantities of lubricants shall be kept on site. No

hazardous materials shall be kept on site.

Roads
Butler • Applicant shall identify all county and township roads that will be
used for the commercial wind energy project and shall notify the
governing body having jurisdiction over the roads (County
Engineering Department) to determine if said body needs to
inspect the roads prior to their use. Where practical, existing
roadways shall be used for all activities associated with the
commercial wind energy project.
 used for the commercial wind energy project and shall notify the
governing body having jurisdiction over the roads (County
Engineering Department) to determine if said body needs to
inspect the roads prior to their use. Where practical, existing
roadways shall be used for all activities associated with the
commercial wind energy project.

• Applicant and governing body having jurisdiction over said roads

shall enter into a road agreement for maintenance and repair of
roads subject to the extra wear and tear due to transportation of
equipment and turbine components.

• Applicant shall be held liable for any damage to county/township

roads or rights-of-way resulting from tower construction,
deconstruction, and /or maintenance activity.

• Applicant shall not be held responsible to maintain or repair a

road to a condition better than what existed before applicant
began using it for commercial wind energy project purposes.

• Applicant shall construct the smallest number of turbine access

roads it can.

• Access roads shall be low-profile roads so farming equipment can

cross them.

• Where an access road is to cross a stream or drainage way, it shall

be designed and constructed so runoff from the upper portions of
the watershed can readily flow to the lower portions of the
watershed.

• Where an access road is to cross a stream or drainage way,

applicant must follow FEMA regulations pertaining to building a
structure in a floodzone.
Geary • Roads and fences on the site should be minimized.
Riley • The anticipated volume and designated route for traffic generated
during the construction phase, including routes for oversized and
heavy equipment, and the proposed method of providing
assurances to the public entities responsible for the roads of
repairs and ongoing maintenance to the roads and bridges needed
to support the project.
• The anticipated volume and designated route for traffic generated
during the utilization of the facilities, including routes for
oversized and heavy equipment, and the proposed method of
providing assurances to the public entities responsible for the
roads of repairs and ongoing maintenance to the roads and bridges
needed to support the project.
 needed to support the project.
Wabaunsee • All roads not a part of the primary highway system of the State of
Kansas intended to be used by the applicant as a means of ingress
and egress to the proposed facility shall be designated on the
application. Final approval of the designated roads to be used
shall be made a part of the Conditional Use Permit, if approved.
A construction and maintenance agreement between the applicant
and Wabaunsee County and/or the appropriate township officials
shall be required. Such agreement shall specify the standards to
which such roads will be reconstructed, if necessary, and the
standards to which such roads will be subsequently maintained by
the owner/operator of the commercial wind energy conversion
system. The agreement also shall specify the form, manner,
timing, and frequency of maintenance and upkeep. The
responsibility of determining sufficiency of compliance with the
road agreement shall be with Wabaunsee County or its designee.

• In addition, documentation shall be provided indicating any

proposed changes or upgrades to electrical substations, existing
power transmission systems, or realignment of other utility
systems required to support the project. Acknowledgement from
the owners of those systems shall be provided that they are aware
and have reached agreement with the applicant to provide for
those changes and that any additional approvals required by these
regulations for such expansions have been or will be made prior
to any construction by the applicant or that utility system.

Cultural, Archeological, and Paleontological

Butler • Applicant shall conduct an archeological reconnaissance survey
within the site that will be impacted by the construction or
operation of the commercial wind energy project. The survey
shall be provided to the State Historic Preservation Office
(SHPO) to determine if cultural resources are present. Any
unrecorded cultural resources that are found shall be evaluated for
integrity and potential listing on the National Register of Historic
Places. Undocumented resources that are eligible for listing on
the National Register of Historic Places shall be avoided. All
archeological investigations shall meet the SHPO standards and
guidelines.
Geary • Wherever possible, commercial wind energy conversion systems
should avoid sites with potentially sensitive cultural or historical
resources.
Riley • Commercial wind energy conversion systems should avoid sites
in close proximity to known sensitive historical, cultural, or
archeological resources.
 archeological resources.
Wabaunsee • Applicant shall provide an overview of existing environment,
including a map of the known or mapped archeological, cultural,
or historical sites or structures within a mile of the project.

Communication Lines/Power Lines

Butler • Communication lines and power collection lines are to be
installed underground in the area covered by the Conditional Use
Permit. Said lines are to be located under or at the edge of turbine
access roads. Aboveground transmission lines may be used only
in public rights-of-way or easements.

• Applicant shall not operate the commercial wind energy project

and its associated facilities so as to cause microwave, television,
radio, telecommunications, or navigation interference contrary to
FCC regulations or other law.

• In the event the commercial wind energy project and its

associated facilities or its operations cause such interference,
applicant shall take timely measures necessary to correct the
problem.
Geary • Power lines should be buried when feasible.

Riley
Wabaunsee • Provide documentation regarding the risk of interference to other
communication signals (radio, television, microwave, and radar)
and actions to mitigate potential adverse effects.

• All communication lines and power collection lines shall be

installed underground, under or at the edge of the access roads.
Aboveground transmission lines may be used only in public
rights-of-way or easements.

Decommissioning and Site Reclamation

Butler • Applicant shall submit a Decommissioning Plan describing the
manner in which the commercial wind energy project (CWEP)
will be dismantled and removed from the site at the end of its
useful life. All aboveground components of the commercial wind
energy project shall be removed. Foundations shall be removed
to four feet below ground level. Remainder of foundation may be
left intact. Access roads shall be removed to the owner’s
satisfaction.
 satisfaction.

• Applicant shall submit documentation showing financial

capability to carry out the decommissioning and restoration
requirements.

• Applicant shall submit an escrow account/surety bond/insurance

policy in an amount approved by the Board of County
Commissioners as reasonably necessary to restore the site to its
pre-CWEP topography and topsoil quality. The purpose of this
account/bond/policy is to assure removal of all improvements
subject to the Conditional Use Permit at the end of the project’s
life, or in the event of abandonment of the CWEP.

• Abandonment shall include any one-year period following

delivery by certified mail of written notice of abandonment to the
owner of record when a completed wind turbine does not produce
any electric energy and there is no demonstrated plan to restore
the equipment to operating condition.

• Upon termination of the aforesaid one-year period, abatement

shall proceed as set forth in the Butler County regulations. The
Board of County Commissioners may require applicant (hold of
the Conditional Use Permit) to decommission any abandoned
turbine.

• At the end of the CWEP’s useful life, or if the CWEP is

abandoned, the site shall be restored in accordance with the
requirements of this condition within 18 months.
Geary • Approval of the commercial wind energy conversion systems
project shall be accompanied by creation of an escrow
account/surety bond in an amount approved by the Board of
County Commissioners (BOCC) as is reasonably necessary to
restore the site to its pre-construction condition. The purpose of
the account/bond is to assure removal of individual turbines or all
project improvements subject to permit in the event of
abandonment of the individual turbines or the entire project.

• An individual turbine shall be considered to have been abandoned

when the turbine has not produced electricity for a period of at
least six months and there is no demonstrated plan to restore the
equipment to operating condition. An entire project shall be
considered to have been abandoned when at least 50% of the
individual turbines have not produced electricity for a period of at
least six months and there is no demonstrated plan to restore the
equipment to operating condition. An extension of the six-month
time period may be granted by the BOCC upon the presentation
of sufficient justification by the project owner.
 time period may be granted by the BOCC upon the presentation
of sufficient justification by the project owner.
Riley • Approval of commercial wind energy conversion systems shall
include a requirement that the project owner shall, at its expense,
and not later than 30 days before commencement of project
construction, obtain and submit for approval of the county a letter
of credit, a cash escrow account, a performance bond, or other
form of security which is acceptable to the county. The purpose
of the security requirement is to insure that adequate funding is
available to be used to pay the costs of decommissioning and site
reclamation, including removal of individual turbines and other
above-ground project improvements subject to permit in the event
of abandonment of individual turbines or abandonment of the
entire project. The entity providing the letter of credit or the
performance bond must be authorized to provide such security
instruments in the State of Kansas. The security must be written
in a form that is acceptable to the county and must contain such
provisions, terms, or conditions as the county deems to be
necessary, including but not limited to those set out in the
amended zoning regulations, unless specifically waived in writing
by the county. The security shall be in an amount equal to 100%
of the estimated decommissioning and reclamation costs, and
shall provide for an annual adjustment of the amount of the
security based on the annual rate of inflation. Such amount shall
be determined by the Board of County Commissioners (BOCC)
based upon estimates from knowledgeable contractors and such
other information or factors that the board deems to be relevant.
The security may not be cancelled, released, or in any way
terminated without prior written approval from Riley County, and
shall be maintained and continued in force as long as such
turbines or other above-ground improvements exist and until all
decommissioning and site reclamation has been completed and
paid for. If the board has any reason to believe that the security is
insufficient, it may demand such other security as it deems to be
necessary. The security must be written so as to survive any sale
or transfer of the turbines and related project property or the
insolvency of the project owner. It shall further apply to all
successors and assigns of the project owner. Any entity providing
security must be authorized to provide such security in the State
of Kansas, and must be acceptable to the BOCC.

• An individual turbine shall be considered to have been abandoned

when the turbine is incapable of producing more than 20% of the
average amount of electricity produced by such turbine in
comparable previous time periods (adjusted for actual wind
conditions), as determined by the Planning & Development
Department, for a period of at least six consecutive months and
there is no demonstrated viable plan to restore the equipment to
operating condition. An entire project shall be considered to have
been abandoned when at least 50% of the individual turbines have
not produced electricity for a period of at least six consecutive
months and there is not demonstrated viable plan to restore the
 Department, for a period of at least six consecutive months and
there is no demonstrated viable plan to restore the equipment to
operating condition. An entire project shall be considered to have
been abandoned when at least 50% of the individual turbines have
not produced electricity for a period of at least six consecutive
months and there is not demonstrated viable plan to restore the
equipment to operating condition. An extension of the six-month
time period may be granted by the BOCC upon the presentation
of sufficient justification by the project owner.

• All underground equipment and foundation systems of

commercial wind energy conversion systems shall be removed to
a depth of at least three feet to allow for cultivation of crops or
restoration of pasture.

Wabaunsee • Approval of the Conditional Use Permit for a commercial wind

energy conversion system shall be accompanied by a letter of
credit, cash escrow account, or surety bond in an amount
approved by the Board of County Commissioners as reasonably
necessary to pay for the cost of decommissioning the facility and
reclaiming the site to its pre-construction condition. The purpose
of this financial assurance is to assure removal of all
improvements subject to permit in the event of abandonment of
the facility and reclamation of the site. Decommissioning shall
include the requirement that all equipment shall be removed from
the site; the foundations shall be removed to a depth of four feet
below the ground surface, access roads removed to the
landowner’s satisfaction, and the ground restored to the condition
specified in the reclamation plan. Access roads may be
maintained if so requested by the landowner(s) and not included
within the reclamation requirements.

• Abandonment shall include any six-month period following

delivery by certified mail or written notice of abandonment to the
owner of record of the system and the landowner(s) when a
completed commercial wind energy conversion system does not
produce any electric energy and there is not demonstrated plan to
restore the equipment to operating condition. Upon termination
of the aforesaid six-month period, abatement shall proceed as set
forth in the Wabaunsee County regulations.

Public Review Process

Butler
Geary • Upon receipt of a request for a special use authorization and
permit, including commercial wind energy conversion systems, a
public hearing shall be scheduled with the Metropolitan Planning
Commission. Notice of such hearing shall be given pursuant to
Kansas statutes, as though such request were an amendment to the
zoning of said property. Therefore, the Metropolitan Planning
Commission shall proceed to conduct such public hearing on said
request.

• Upon receipt of a recommendation from the Metropolitan

Planning Commission to the Board of County Commissioners to
consider a request for a special use authorization and permit for a
commercial wind energy conversion system, the BOCC shall
schedule a public hearing.
Riley • Upon receipt of a request for a special use authorization and
permit, including for commercial wind energy conversion
systems, a public hearing shall be scheduled with the Planning
Board. Notice of such public hearing shall be given pursuant to
Kansas statutes for rezoning of property. Thereafter, the Planning
Board shall proceed to conduct such public hearing on said
request.

• Upon receipt of a recommendation from the Planning Board to

the Board of County Commissioners to consider a request for a
special use authorization and permit for a commercial wind
energy conversion system, the BOCC shall schedule and conduct
a public hearing.

Wabaunsee

Power Purchase Agreements (PPAs)

Butler • The Conditional Use Permit does not authorize construction of
the project until the applicant has obtained a Power Purchase
Agreement (PPA) for the electricity to be generated by the
commercial wind energy project. The applicant shall advise the
Director of Planning & Development when it obtains a PPA and
shall provide such documentation confirming said agreement.

• The PPA must be obtained within one year of the date of

publication of the resolution approving the Conditional Use
Permit. This one-year period may receive up to a six-month
extension upon written request by the applicant and approval of
the Planning Commission and the Board of County
Commissioners. In the event the applicant does not obtain a PPA
within the 12- to 18-month time span, the Conditional Use Permit
shall be null and void.
 within the 12- to 18-month time span, the Conditional Use Permit
shall be null and void.

• Building permits shall be issued only after the Director of

Planning & Development receives documentation confirming said
PPA, and all conditions pertaining to the commercial wind energy
project have been satisfied. Once the PPA has been received, the
12-month rule established in Section 21-503 of the Butler County
Zoning Regulations, with respect to revocation of the Conditional
Use Permit and building permits, shall apply.
Geary • Power lines should be buried when feasible.

Riley
Wabaunsee

Monitoring and Review

Butler • This section shall provide an outline of a monitoring, review, and
reporting program for each part of the project. Details shall
include any pre-construction monitoring/studies, sites to be
sampled, sampling procedures, the parameters to be analyzed,
frequency of sampling, and reporting. A site plan showing
sampling locations is required.
Geary
Riley
Wabaunsee • Each approved commercial wind energy conversion system shall
provide a monitoring, review, and reporting program for each part
of the project to confirm compliance with the above-listed
performance standards. At the time of application, a written
report shall be submitted detailing the proposed pre-construction
monitoring/studies, sites to be sampled, sampling procedures, the
parameters to be analyzed, frequency of sampling, and reporting.
A site plan showing sampling locations is also required.
III. APPLICATION TEMPLATES

The following tables outline the wind energy project application components required in
each county.

Butler County
• Introduction, including the following information:
o name of the project;
o phases of construction (if applicable);
o two maps showing project location and vicinity – one at 1:100,000 scale and
one at 1:2,000 scale (USGS scale); and
o name and address of the developer, and a statement from the developer
providing relevant information regarding an overview of the company,
qualifications and experience in commercial wind energy development,
environmental management history of the company, and financial information
regarding the applicant’s ability to meet decommissioning escrow-bond
requirements (financial information not open to public).
o relevant background information on the project, including a general overview
of the project location, timeframe and project life, phases of development, and
possibilities for future expansion;
o an examination of feasible, alternative locations for the project and reasons for
the choice of this location over alternative locations;
o environmental guidelines and industry codes of practice that will be followed
if approved;
o an inventory of existing wildlife, endangered species, wetlands, and other
biologically sensitive areas within the site;
o archeological reconnaissance survey within the site that will be impacted by
the construction or operation of the commercial wind energy project (survey
shall be provided to the State Historic Preservation Office to determine if
cultural resources are present – any unrecorded cultural resources that are
found shall be evaluated for integrity and potential listing on the National
Register of Historic Places, but undocumented resources that are eligible for
listing on the National Register of Historic Places shall be avoided); and
o percentage of the State of Kansas Renewable Portfolio Standards (RPS) this
project supplies.

• A Site Plan with the following specifications:

o scale of 1”=2000’;
o scale and north point (up);
o name/address of land owner and land developer;
o boundaries of site; boundary of property and boundary of area affected by the
Conditional Use Permit;
o topography with contours at integrals of 20’;
o adjoining streets; location of nearby railroads and airports;
 o transmission lines;
o houses within 1000’ of the site boundary;
o acreage of site; point(s) of access to the project;
o schematic location of turbines, electric collector and feeder lines, electrical
equipment, maintenance roads, and other associated facilities;
o boundaries of the 100-year floodplain as identified on the Federal Insurance
Administration’s “Flood Hazard Boundary Maps” of Butler County, Kansas;
and
o the location of any underground pipelines and other utility easements.

• General Construction Document, including the following:

o general description of major components and onsite facilities – wind turbine
specifications; transmission line and accessory facilities such as control
rooms, transformers, substations, maintenance facilities, underground
infrastructure, and interior access roads; and the number, location, capacity,
and dimensions of the turbines;
o designated field representative (and contact information) responsible for
overseeing compliance with the conditions of the Conditional Use Permit –
said representative shall be accessible by telephone during normal business
hours;
o description and general schedule of major construction activities for the
turbines, transmission lines, and common accessory structures related to
commercial wind energy projects;
o outline of any proposed site preparation involving removal of vegetation, and
restoration of the site due to construction;
o volume and designated route for traffic generated during the construction
phase, including oversized and heavy equipment;
o terms and conditions of the Conditional Use Permit (to inform all employees,
contractors, and others involved in the construction of the commercial wind
energy project);
o environmental conditions, if not previously identified but are discovered
during construction, that may cause the applicant to move or relocate a turbine
site;
o any new infrastructure or off-site accessory structures required for the project
to progress, including requirements for new transportation infrastructure
and/or upgraded, realigned, or new road; changes to electrical substations;
changes to existing power transmission systems, including any upgrades to
existing transmission lines; and requirements for the realignment of other
utilities affected by the project;
o operation and maintenance requirements (including frequency of maintenance
activities) for the turbines and transmission lines; and
o width of transmission line easements required and any restrictions necessary
on land use, development, and access within said easement.

Geary County
• Evidence that the applicant is the owner of the property or has written permission
of the owner(s) to make such application.

• Name, address, and phone number of the developer and the developer’s contact
person for the project. A statement from the developer providing relevant
information regarding an overview of the company, the company’s environmental
management history, and the company’s qualifications and experience in
commercial wind energy conversion systems development. In addition, the name,
address, and phone numbers of the manager of the project in the event the project
is approved.

• Relevant background information on the project, including rationale and need for
the project, timeframe and project life, phases of development, likely markets for
the electricity produced, and possibilities for future expansion (Power Purchase
Agreement).

• A narrative of feasible alternative locations for the project in the region and
reasons for the proposed site over the alternatives. Region shall be defined as all
counties adjoining Geary County.

• The applicant’s position regarding the hardship caused by not approving the
project.

• A plot and development plan drawn in sufficient detail to clearly describe the
following:
o general vicinity of the project location within the county;
o scale and north arrow;
o acreage of the site;
o physical dimensions of the property;
o location and physical dimensions of existing structures and general local and
approximate physical dimensions of the proposed structures, including all
proposed individual wind turbines (if an exact number of wind turbines is not
known at the time of the application, the site plan shall identify a maximum
number that will be expected and a range from minimum number expected to
the maximum);
o houses within 1000 feet of the project boundary and houses within one mile of
the site boundary;
o location of existing electrical lines and facilities, including transmission lines;
o approximate location of proposed electrical lines and facilities, including
transmission lines;
o existing topography;
o approximate proposed grading and removal of natural vegetation;
o wind characteristics (histograms) and dominant wind direction, which is the
direction from which 50% or more of the energy contained in the wind flows;
o proposed setbacks of all structures from property lines;
o projected methods of circulation on the project property;
 o anticipated ingress and egress locations;
o location of and distance to public road in all four directions surrounding the
project perimeter;
o approximate location of all underground pipelines or other underground
utilities;
o approximate location of all utility easements; and
o location of any designated 100-year floodplains or wetlands.

• An accurate visual representation, including visual simulations, of the project

components from the following:
o all houses located within one mile of the property boundary;
o at least two key vantage points, as determined by the Planning & Zoning
Department in consultation with the applicant, from each public road that is
nearest to the project in all four directions from the site;
o any designated scenic byways and or popular vistas from which the project is
visible as determined by the Planning & Zoning Department in consultation
with the applicant; and
o any other locations which the Metropolitan Planning Commission deems
appropriate.

• An estimated economic cost/benefit analysis describing the impact of the project

on the local or state economy in the following respects:
o amount of property taxes to be generated by the project;
o amount of sales taxes to be generated by the project;
o amount of other applicable taxes to be generated by the project;
o construction dollars to be spent locally;
o number of construction jobs and estimated construction payroll;
o number of permanent jobs and estimated continuing payroll;
o benefit of the electricity generated by the project;
o any projected costs or benefits to tourism in the county;
o impact of the project on the surrounding residential property values to be
determined by two independent appraisers licensed in Kansas;
o other projected economic benefits of the projects;
o costs associated with the impact on roads or other county infrastructure in the
area;
o fire protection and training; and
o other projected economic costs of the projects.

• An environmental assessment provided by the applicant of the potential impacts

from the project and any proposed mitigation measures from the impacts. The
assessment and mitigation plan shall include, at a minimum, all the following:
o impact on wildlife and wildlife habitat in the area;
o impact on any endangered or threatened species on the site;
o impact on the avian population in the area;
o impact on the flora on the site;
o noise levels on and off the site;
 o any wastes, either municipal solid waste, construction, and demolition debris
or hazardous, generated by the project;
o electromagnetic fields and communications interference generated by the
project;
o risk of fire from the project, including threat of lightning strikes;
o impact of the project on aviation in the area;
o impact on the project on soil erosion;
o impact of the project on water quality in the area;
o potential hazards from ice throws;
o dust from project activities;
o potential hazards from collapse or damage of turbines or systems components
in severe storms;
o impact on historic, cultural, or archeological resources;
o analysis of the potential cumulative regional impacts from multiple wind
energy projects (region shall be defined as all counties adjoining Geary
County);
o impact on navigation and weather radar;
o impact of shadow flicker and blade glint on houses and traffic (ten times the
rotor diameter away); and
o baseline data for property within two miles of a commercial wind energy
conversion system project on stray voltage, noise (Standard 26dB – IEC 61-
4400 or actual measured at nearest residence), TV reception or cell phone
interruptions, health problems, sleep disturbance, and wind speeds (baseline
data to be reviewed and confirmed by the appropriate state agency).

• Utility interconnection data and a copy of written notification to the utility of the
proposed interconnection.

• Information, in as much detail as possible, on the type, size, maximum and

minimum height, rotor size, rotor material, color scheme, rated power output,
performance, safety and noise characteristics of each proposed wind turbine
model, tower, and electrical transmission equipment.

• A general description of the decommissioning and land reclamation strategy in

the event the project is abandoned or upon the end of the useful life of the project.

• The anticipated volume and designated route for traffic generated during the
construction phase, including routes for oversized and heavy equipment, and the
proposed method of providing assurances to the public entities responsible for the
roads of repairs and ongoing maintenance to the roads and bridges needed to
support the project.

• The anticipated volume and designated route for traffic generated during the
utilization of the facilities, including routes for oversized and heavy equipment,
and the proposed method of providing assurances to the public entities
responsible for the roads of repairs and ongoing maintenance to the roads and
bridges needed to support the project.
 bridges needed to support the project.

• Operation and maintenance requirements (including frequency of maintenance

activities) for the turbines and internal transmission lines connecting the
individual turbines within the project and the transmission lines connecting the
system to the “grid.”

• Width of transmission line easement required, including access requirements to

the easement and any restrictions necessary on land use, development, and access
within said easement.

• A general description of the plan for securing the site and various structures and
facilities from access by unauthorized persons.

• A description of the Federal Aviation Administration (FAA) requirements

applicable to the structures and facilities on the site and the proposed methods for
meeting these requirements.

• Formal evaluations of any proposed site by the Kansas Department of Wildlife

and Parks, U.S. Fish and Wildlife Service, FAA, Department of Defense, and the
National Weather Service. (These agencies shall be given 20 working days to
respond to the request for evaluations of any proposed site.)

Riley County
• Satisfactory evidence that the applicant is the owner of the property or has written
permission of the owner(s) to make such application.

• Name, address, and phone number of the developer and the developer’s contact
person for the project.

• Statement from the developer providing information regarding an overview of the

company, its financial condition, its environmental management history, and its
qualifications and experience in wind energy development.

• Description of the expected owner and/or builder of the proposed project and a
complete financial statement for such owner/builder including audits or reviews
for three years preceding the date of application.

• Name, address, and phone numbers of the manager of the project in the event the
project is approved and the name, address, and phone numbers of any buyers of
the project, if known at the time of application.

• Relevant background information on the project, including rationale and need for
the project by the landowner and developer, timeframe and project life, phases of
development, likely markets for the electricity produced and the possibilities for
future expansion.
 future expansion.

• Narrative explanation of why the proposed project site was chosen by the
applicant over alternative locations for the project in the region (all counties
adjoining and including the county in which the application is being made).

• Applicant’s position regarding the consequences of not approving the project.

• Plot and development plan drawn in sufficient detail to clearly describe the
following:
o general vicinity of the project location within the county;
o scale and north arrow;
o acreage of the site;
o physical dimensions of the property and the physical location of the
project boundary;
o location and physical dimensions of existing structures and general
location and approximate physical dimensions of proposed structures,
including all proposed individual wind turbines (if exact number or
dimensions of wind turbines is not known at the time of application, the
site plan could be required to identify a maximum number and maximum
dimensions that will be expected and a range from minimum to maximum
number);
o houses within 1,000 feet of the project boundary and the approximate
distance of such houses from the project boundary, and any additional
houses within a half-mile of the project boundary;
o location of existing electrical lines and facilities, including transmission
lines;
o approximate location of proposed electrical lines and facilities, including
transmission lines;
o existing topography;
o approximate proposed grading and removal of natural vegetation;
o wind characteristics and dominant wind direction, which is the direction
from which 50% or more of the energy contained in the wind flows;
o proposed setbacks of all proposed structures from the project boundary;
o anticipated ingress and egress locations;
o location of and distance to public roads in all four directions surrounding
the project perimeter;
o approximate location of any major known underground pipelines or under
underground facilities;
o approximate location of any major known utility easements; and
o location of any delineated 100-year floodplains or wetlands.

• Accurate computer-generated visual simulation, including dynamic motion of the

turbine blades, of the project components from the following:
o all houses located within 1,000 feet of the project boundary;
o up to 12 key vantage points, as determined by the Planning and
Development Department in consultation with the applicant, from public
roads from which the project is visible or from sites that are determined to
be of historic, cultural, or archeological significance;
 Development Department in consultation with the applicant, from public
roads from which the project is visible or from sites that are determined to
be of historic, cultural, or archeological significance;
o the Prairie Parkway (as identified in K.S.A. 68-1022) and any
government-designated scenic byways or government-designed scenic
overlooks from which the project is readily visible as determined by the
Planning and Development Department in consultation with the applicant;
and
o if deemed necessary by the Planning Board, two additional locations of the
Board’s choosing.

• Estimated economic cost/benefit analysis describing the impact of the project on

the local and state economy in the following respects:
o the amount of property taxes to be generated by the project;
o the amount of sales taxes to be generated by the project;
o the amount of other applicable taxes to be generated by the project;
o the construction dollars to be spent locally;
o the number of construction jobs and estimated construction payroll;
o the number of permanent jobs and estimated continuing payroll;
o the benefit of the electricity generated by the project;
o any projected costs or benefits to tourism in the county;
o the impact of the project on existing surrounding residential property
values within the visual dominance zone, as defined, based on studies of
any similar projects in similar areas and based upon an opinion from three
qualified residential real estate appraisers or valuation experts;
o other projected economic benefits and costs of the project; and
o costs associated with the impact on roads or other county infrastructure in
the area.

• Environmental assessment of the potential adverse impacts of the project and any
proposed measures to mitigate or lessen the effects of the adverse impacts, The
assessment and mitigation plan could include, at a minimum, all of the following:
o impact on wildlife and wildlife habitat on the site and in a biologically
significant area surrounding the site;
o impact on any endangered or threatened species on the site and in a
biologically significant area surrounding the site;
o impact on avian population, including migratory birds;
o impact on flora on the site;
o “A”-weighted and “C”-weighted noise levels at the residence nearest to
the project boundary and at the property line of such residence nearest to
the project boundary;
o any wastes, either municipal solid waste or hazardous waste, generated by
the project;
o electromagnetic fields and communications interference generated by the
project;
o risk of fire from the project, including threat of lightning strikes;
 o impact of the project on civilian and military aviation in the area;
o impact of the project on soil erosion;
o impact of the project on water quality and water supply in the area;
o potential hazards from ice throws;
o dust from project activities;
o potential hazards from collapse or damage of turbines or system
components in severe storms;
o impact on historic, cultural, or archeological resources;
o impact of shadow “flicker” on houses from any wind energy project and
estimated duration of the shadow flicker (in hours per year);
o potential hazards of “blade glint”; and
o a general discussion of any potential changes to the above assessment
items that could be anticipated when considering the cumulative impacts
of other wind energy projects in the region (defined as all counties
adjoining and including the county in which the project is proposed).

• Copy of written notification to the utility of the proposed interconnection.

• Information, in as much detail as possible, on the type, size, maximum and

minimum height, rotor size, rotor material, color scheme, rated power output,
performance, safety, and noise characteristics of each proposed wind turbine
model, tower, and electrical transmission equipment.

• General description of the decommissioning and land reclamation strategy in the

event the project is abandoned or upon the end of the useful life of the project, as
well as the anticipated useful life of the project.

• Anticipated volume and designated route for traffic generated during the
utilization of the facilities, including routes for oversized and heavy equipment
needed for maintenance and repairs, and the proposed method of providing
assurances to the public entities responsible for the roads of repairs and ongoing
maintenance to the roads and bridges needed to support the project.

• Anticipated operation and maintenance requirements (including estimated

frequency of maintenance activities) for the turbines and internal transmission
lines connecting the individual turbines within the project and the transmission
lines connecting the system to the power grid.

• Anticipated location, width, and proposed method of acquisition of transmission

line easements required, including access requirements to the easements and any
associated restrictions necessary on land use, development, and access within said
easements.

• General description of the plan for securing the site and the various structures and
facilities from access by unauthorized persons.
• Description of the Federal Aviation Administration requirements applicable to the
structures and facilities on the site and the proposed methods for meeting those
requirements.

Wabaunsee County
• Introduction, including the following information:
o title of project;
o two maps showing project location and vicinity – one at 1:100,000 scale, and
one at 1:2,000 scale (USGS scale);
o name and address of the developer, and phone number of a contact person for
the project (a statement from the developer providing relevant information
regarding an overview of the company, qualifications and experience in
commercial wind energy conversion system development, and environmental
management history of the company; in addition, name, address, and phone
numbers of the manager of the project in the event the project is approved);
o relevant background information on the project, including a general overview
of the project location, rationale and need for the project, timeframe and
project life, phases of development, likely markets for the electricity
produced, and possibilities for future expansion;
o an examination of feasible alternative locations to the project and reasons for
the proposed choice over those alternatives;
o the applicant’s position regarding the consequences of not approving the
project;
o environmental guidelines and industry codes of practice that will be followed
if approved;
o detailed reclamation plan; and
o the percentage of the State of Kansas Renewable Portfolio Standards (RPS)
this project supplies.

• Project description, including the following:

o general description of the major components and on-site facilities of the
commercial wind energy conversion system, including information on the
wind turbine specifications, transmission line and accessory facilities such as
control rooms, transformers, substations, maintenance facilities, underground
infrastructure, and interior access roads (the number, location, capacity, and
dimensions of the turbines shall also be included);
o description and schedule of major construction activities for the turbines,
transmission lines, and accessory structures;
o description of the proposed sites preparation involving removal of vegetation;
o estimates of the quantities of raw materials required for construction activities
(sand, gravel, etc.) and their likely source;
o volume and designated route for traffic generated during the construction
phase, including routes for oversized and heavy equipment, and the proposed
method of providing assurances to the public entities responsible for the roads
of repairs and ongoing maintenance to the roads and bridges needed to support
the project;
 the project;
o the designated route for traffic generated during the utilization of the facilities,
including routes for oversized and heavy equipment, and the proposed method
of providing assurances to the public entities responsible for the roads of
repairs and ongoing maintenance to the roads and bridges needed to support
the project;
o operation and maintenance requirements (including frequency of maintenance
activities) for the turbines and internal transmission lines connecting the
individual turbines within the project and the transmission lines connecting
the system to the “grid”; and
o width of transmission line easement required, including access requirements
to the easement and any restrictions necessary on land use, development, and
access within said easement.

• Site Plan:
o scale of 1” = 2000’;
o scale and north point (up);
o name/address of land owner(s) and land developer(s);
o boundaries of site (including boundary of property and boundary of area
affected by the Conditional Use Permit);
o topography with contours at intervals of 20’;
o adjoining streets, railroads, and airports;
o transmission lines;
o all houses within 1000’ of the site boundary;
o acreage of site; point(s) of access to the project;
o schematic location of turbines, electrical collection systems, and maintenance
roads;
o boundaries of the 100-year floodplain as identified on the Federal Insurance
Administration’s “Flood Hazard Boundary Maps” of Wabaunsee County,
Kansas; and
o location of any underground pipelines and other utility easements.

• A written report addressing the items identified in Article 25-102, Performance

Standards, as they relate to commercial wind energy conversion systems. In
particular, these should address the following topics:
o off-site infrastructure;
o overview of existing environment;
o noise;
o surface water;
o groundwater;
o air;
o visual effects;
o ice throw;
o fire hazard analysis;
o communication interference;
o a decommissioning and reclamation plan for the entire site; and
o proposed measures to mitigate the effects of adverse impacts to the existing
environment resulting from the construction, operation, and decommissioning
of the proposed facility.